Thanveer Ahamed vs State Of Kerala
2023 Latest Caselaw 11776 Ker

CRL.MC NO. 3432 OF 2016             1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                           CRL.MC NO. 3432 OF 2016
       CRIME NO.670/2014 OF Payangadi Police Station, Kannur
AGAINST THE ORDER/JUDGMENT CC 1111/2015 OF JUDICIAL MAGISTRATE
                          OF FIRST CLASS ,PAYYANNUR
PETITIONER/S:

               THANVEER AHAMED
               AGED 37 YEARS
               AGEDE 37 YEARS, S/O M. MUHAMMED, MADAYI AMSOM,
               PAYANGADI, KANNUR

              BY ADVS.
              SRI.S.RAJEEV
              SRI.K.K.DHEERENDRAKRISHNAN
              SRI.D.FEROZE
              SRI.V.VINAY


RESPONDENT/S:
     1    STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM 682 031, (CRIME NO 670/2014 OF
          PAYANGADI, POLICE STATION, KANNUR DISTRICT)

      2        RAJESH.V.P
               AGED 38 YEARS
               AGED 38 YEARS, S/O KUNJAPPA, VAYALILEPURAYIL VEEDU,
               ERIPURAM, CHENGAL, PAYANGADY, KANNUR DISTRICT 670
               303


OTHER PRESENT:

               SRI RENJITH TR, PP


       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3432 OF 2016                   2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                      Crl.M.C. No. 3432 of 2016
                    --------------------------------------
            Dated this the 16th day of November, 2023


                                         ORDER

This Crl.M.C. is filed to quash the proceedings in CC No.

1111/2015 on the file of the Judicial First Class Magistrate

Court, Payyannur. When this case came up for consideration, it

is submitted that the evidence in this case is already started. In

such circumstances, this Court need not interfere with the

matter under Sec. 482 Cr.P.C. The petitioner is free to raise all

the contentions before the trial court at the appropriate stage.

Granting liberty to the petitioner to raise all the

contentions before the trial court at the appropriate stage, this

Crl.M.C. is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF CRL.MC 3432/2016

PETITIONER ANNEXURES

ANNEXURE 1 COPY OF THE FIRST INFORMATION REPORT IN CRIME NO 670/2014 OF PAYANGADI POLICE STATION, KANNUR DISTRICT

ANNEXURE II COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT BEFORE THE JFCM I, PAYANGADI

ANNEXURE III CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO 670/2014 OF PAYANGADY POLICE STATION

ANNEXURE IV COPY OF THE STATEMENT SUBMITTED BY THE VILLAGE OFFICER, MADAYI, BEFORE THE LOKAYUKTA ON 20-02-2015

ANNXURE V COPY OF THE SITE PLAN DATED 30-05-2015 ISSUED FROM VILLAGE OFFICE, MADAYI.